Tennessee Children's Services Nears End of Court Oversight

From the The Tennessean

The Department of Children's Services is edging closer to operating independently for the first time in 15 years, without the federal court oversight it has been under since child advocates filed suit in 2000.

Status reports filed in the U.S. District for Middle Tennessee this month show that the agency now maintains a level of performance "that is consistent with a reasonably well-performing child welfare system."

The department also has taken steps to create an "external accountability center" of outside and neutral experts from Vanderbilt University and the Chapin Hall Center for Children at the University of Chicago, which will take over from the court the job of independently monitoring the state's child welfare agency for another 18 months and providing public updates on its operations.

The November court filings signal that DCS has complied with all orders — a vast list of more than 140 benchmarks to meet in its care of foster children that include caseloads, services provided to children, the state's ability to keep siblings together and limiting the amount of time a child spends in the foster system before having a permanent home.

DCS Commissioner Bonnie Hommrich said she was "very pleased" with the status of the lawsuit.

“This has been a long journey for the Department of Children’s Services," Hommrich said. "We couldn’t have gotten where we are today if not for our talented staff and our dedicated partners. We will keep working hard to maintain our compliance with the settlement agreement. Beyond that, we will continue making even more system improvements in order to keep children safe, healthy and back on track.”

The case began in 2000, when attorneys for the New York-based advocacy agency Children's Rights filed suit over the state's treatment of kids in foster care. Named after Brian A., a 9-year-old boy who spent seven months in an overcrowded Memphis emergency shelter with dangerous older boys and little access to education, the case set new standards for DCS.

In April, U.S. District Judge Todd Campbell formally approved an agreement between the state and Children's Rights that the case will come to a closure when the state can maintain its efforts for a full year. They also agreed that when the case is closed, the external accountability center would monitor DCS and make those reviews public for an additional 18 months.